Rule nisi Archives - GilesFiles

Public impeachment hearings: Dignity and reputation?

by GilesFiles | Jul 24, 2026 | 2020 onwards, 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Dennis Davis, Dignity equality freedom, Evidence & onus, Government, Granted, Granted, granted, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legality principle, Legislation, Orders, Parties, Retired judges, Review tests, Roman Dutch law, Rule nisi, Sectors, State organs, Statutory, staying proceedings, Topics | 0 |

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Granting interim relief: Pending incapacity dispute?

by GilesFiles | Jul 23, 2026 | 2020 onwards, Balancing interests, Causes and defences, Connie Prinsloo, Costs, Costs not awarded, Courts, Declaratory, granted, Granted, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 197 - transfers, LRA 1995, LRA D: 151-166 LC, Mining, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Sectors, Selected judges, Statutes (LRL 2)-work, staying proceedings, Topics | 0 |

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Cancelling recognition agreement: Interpreted & applied

by GilesFiles | Jun 11, 2026 | 2020 onwards, Applications, Causes and defences, Collective Bargaining (LRL 5), Contractual breach, Costs, Costs awarded, Courts, Declaratory, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, Logistics, LRA 03: 11-63 Bargain, LRA 1995, Orders, Parties, Personal services, Private enterprises, Refused, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sean Snyman, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Arbitrary grounds discrimination: Absolution granted

by GilesFiles | May 18, 2026 | 2020 onwards, AH02a - LC rules current, Cause of action defined, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Differentiation not discrimination, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, MR Makhura, Objective - correctness, Orders, Parties, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Declaration of invalidity confirmed: National Health Act

by GilesFiles | May 18, 2026 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, ConCourt judges, Confirmed, Constitutional Court, Costs, Costs awarded, Courts, Declaratory, Government, granted, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Legal Practice, Legislation, Orders, Parties, Personal services, Rules Codes & Manual, Sectors, State organs, Topics | 0 |

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Dialogue and reflection required: Invalid disciplinary procedure?

by GilesFiles | May 11, 2026 | 2020 onwards, Applications, Associations/corporates, Bill of Rights, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, Orders, Parties, Personal services, Refused, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Failure to give notice: Sec 3(1)(a) of the ILPA

by GilesFiles | May 11, 2026 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Damages, Declaratory, Exceptions/special pleas, Government, granted, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, LC Rules-new, Legal Practice, Legislation, Metro, Orders, Parties, RN Daniels, Rules Codes & Manual, Sectors, Special pleas, State organs, Statutory, Topics | 0 |

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Claiming backpay as damages: Notice not given?

by GilesFiles | Apr 22, 2026 | 2020 onwards, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Common law, Costs, Costs not awarded, Courts, Damages, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 194, Metro, Orders, Parties, Refused, Refused, Resolving disputes (LRL 3), Review tests, RN Daniels, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Topics | 0 |

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Alleged disability discrimination: Jurisdiction lacking

by GilesFiles | Apr 20, 2026 | Applications, Bill of Rights, Cause of action defined, Causes and defences, Central, Common law, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, Direct and indirect discrimination, Discrimination (LRL 11), Equality Court, erroneously sought, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Orders, Parties, Refused, Review tests, Sectors, Special pleas, State Owned Enterprises, Statutory, Topics | 0 |

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Implementing LC judgment: Ordering execution?

by GilesFiles | Mar 13, 2026 | 2020 onwards, Agriculture, Applications, Balancing interests, Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, granted, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, staying proceedings, Termination (LRL 8), Topics | 0 |

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Legality review not applicable: Private power exercised?

by GilesFiles | Feb 11, 2026 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Constitutional Court, Costs, Courts, Disallowed, erroneously sought, HC Uniform, Interpretation etc, Irregular proceeding, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Logistics, Orders, PAJA 2000, Parties, Personal services, Private enterprises, Refused, Review tests, Sectors, Special pleas, Statutory, Thresholds, Topics | 0 |

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Complying with Employment Law: Interim protective relief

by GilesFiles | Jan 5, 2026 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, EEA Chpt II ss 5-11, Employ Equity (LRL 12), General, granted, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 09: 198-213 General, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Personal services, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, staying proceedings, Suzanna Harvey, Topics | 0 |

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Category: Rule nisi